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Scott, MIT Graduate

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Jake is interested in purchasing the freehold of Staffordshire

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Jake is interested in purchasing the freehold of Staffordshire Lodge, (the Property) from Major Payne who is the sole registered proprietor. When he visits the Property he is particularly attracted by the oak panelling in the dining room and the 16th century suit of armour standing in the corner.The garden is very extensive with stone benches, a Greek statue standing on a concrete base and some very nice lights fixed to the back of the house to light up the patio. The kitchen is well appointed and this fact interests Jake as he wishes to start a catering business from the Property.When Jake moves into the Property on the day of completion he discovers that the panelling and the suit of armour have been removed from the dining room; the statute, benches and lights have gone from the garden and the cooker, fridge freezer and dishwasher have been removed from the kitchen.

As Jake is looking out of the window he observes a man walking across the bottom of the garden. When questioned, the man explains that he is the neighbour and has been using Jake’s garden as a short cut to the local village since he was a young boy and that now he is nearly 80 years old.As Jake is walking back to the Property he is approached by a woman, who turns out to be his neighbour. She says her name is XXXXX XXXXX that she has heard that Jake intends to start a business. She shows Jake a deed made between her and Major Payne in which the Major promised that neither he nor his successors would use the Property for anything other than residential use.Just as Jake thinks that things cannot get any worse, Moira, the Major’s sister arrives at the door with her suitcases. Moira was not a legal owner but used to live at the Property with the Major and now wants to move back in. When the Major acquired the Property, Moira paid the deposit on the house from her savings and had the use of an en suite bedroom and the kitchen at the Property. However several months before the sale, Moira was in the psychiatric unit of the local hospital having been sectioned under the Mental Health Act. She has taken her cases to her room and is refusing to leave.

A. Advise Jake on the impact of the third party interests on the basis that the Property was registered when he acquired it.B. Now advise Jake on the impact of the third party interests on the assumption that the Property was unregistered when he acquired it.C. Advise Jake on his rights in respect of the items which have been removed from the Property.

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